Alhambra Municipal Code Ch. 6.15 Grading System for Food Establishments

It is the intent of the provisions of this chapter to prevent the spread of infectious diseases and attain a uniform sanitary standard in the city by participating in the County of Los Angeles’ program requiring all retail food establishments to post a grade/score card consistent with the facility’s last routine inspection score.

(Ord. 4338, passed 8-10-98)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CODE ENFORCEMENT PERSONNEL. Those employees of the city who are responsible for enforcing those ordinances and laws of the city as may be assigned to them from time to time by the City Council.

COUNTY HEALTH OFFICER. An employee of the County of Los Angeles, Department of Health Services, responsible for enforcing Title 8 (Consumer Protection) and Title 11 (Health and Safety) of the Los Angeles County Code.

DEPARTMENT. DEPARTMENT means the County of Los Angeles, Department of Health Services.

FOOD OFFICIAL INSPECTION REPORT. The written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

GRADING and LETTER GRADE CARD.

(1) GRADING. The letter grade issued by the county health officer at the conclusion of the routine inspection of a retail food establishment. The grade shall be based upon the scoring method set forth in this chapter resulting from the food official inspection report and shall reflect the retail food establishment’s degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(2) LETTER GRADE CARD. A card that may be posted by the county health officer at a retail food establishment upon completion of a routine inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this chapter. For the purposes of this provision, a retail food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a letter grade card in combination with an inspection score card. The county health officer, in his or her discretion, shall determine whether to post the letter grade card, the inspection score card, or both.

INSPECTION SCORE CARD. A card that may be posted by a county health officer at a retail food establishment, upon completion of a routine inspection, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the food official inspection report. For the purposes of this provision, a retail food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using an inspection score card in combination with a letter grade card. The county health officer, in his or her discretion, shall determine whether to post the inspection score card, the letter grade card, or both.

MOBILE FOOD FACILITY. any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. MOBILE FOOD FACILITY does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.

NOTICE OF CLOSURE. A public notice that may be posted by the county health officer at a food establishment upon suspension or revocation of the establishment’s public health permit and that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the public health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

RETAIL FOOD ESTABLISHMENT. Any food service business which prepares any potentially hazardous food on the premises for sale or gift to the public and includes, but is not limited to, all restaurants, markets, bakeries, mobile food preparation units, mobile food facilities, commissaries, and food processing establishments.

ROUTINE INSPECTION. A periodic, unannounced inspection of any retail food establishment to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A ROUTINE INSPECTION shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued food official inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(Ord. 4338, passed 8-10-98; Am. Ord. 4710, passed 3-27-17)

The letter grade shall be based upon the final numerical percentage score set forth in the food official inspection report as follows:

(A) A grade of “A” shall indicate a final score of 90% or higher as determined by the county health officer;

(B) A grade of “B” shall indicate a final score less than 90% but not less than 80% as determined by the county health officer;

(C) A grade of “C” shall indicate a final score less than 80% but not less than 70% as determined by the county health officer.

(Ord. 4338, passed 8-10-98)

(A) Upon issuance by the county health officer, the health officer shall post at every retail food establishment the letter grade card, the inspection score card, or both, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the establishment. As used herein, “clearly visible to the general public and to patrons” shall mean:

(1) Posted in the front window of the establishment within five feet of the front door;

(2) Posted in a display case mounted on the outside front wall of the establishment within five feet of the front door; or

(3) Posted in a location as directed and determined in the discretion of the county health officer and/or code enforcement personnel to ensure proper notice to the general public and to patrons.

(B) In the event that a retail food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county health officer shall post the letter grade card, the inspection score card, or both, in the initial patron contact area, or in a location as determined in the discretion of the county health officer and/or code enforcement personnel.

(C) The letter grade card and the inspection score card shall not be defaced, marred, camouflaged, hidden or removed.

(D) It shall be unlawful to operate a food establishment unless the letter grade card, the inspection score card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the letter grade card, the inspection score card, or both, is a violation of this chapter and shall be punishable as specified in § 6.15.090 of this chapter.

(E) Every retail food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment:

Any public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health Office, (local office address and telephone number)

or

City of Alhambra Code Enforcement Office, 111 South First Street, Alhambra (626) 570-3230.

(Ord. 4338, passed 8-10-98) Penalty, see § 6.15.090

The owner/operator of a mobile food facility shall complete a Mobile Food Facility Route Sheet, obtained from the County of Los Angeles, Department of Health Services, obtained from the county health officer, listing the complete address, telephone number and arrival/departure times of each location where the retail food business is being conducted. The Mobile Facility Route Sheet shall be maintained on file at the Vehicle Inspection Program. The owner/ operator of a mobile food facility or mobile support unit shall notify the county health officer of any significant changes to the Mobile Food Facility Route Sheet. Failure to provide an accurate and current Mobile Food Facility Route Sheet may result in suspension or revocation of the public health license or permit.

(Ord. 4710, passed 3-27-17)

The food official inspection report upon which the letter grade card, the inspection score card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the code enforcement personnel, general public and patrons for review upon request. The food establishment shall keep the food official inspection report and all subsequent reports until such time as the county health officer completes the next routine inspection of the establishment and issues a new food official inspection report.

(Ord. 4338, passed 8-10-98)

A letter grade card, an inspection score card, or both, shall remain valid until the county health officer completes the next routine inspection of the food establishment.

(Ord. 4338, passed 8-10-98)

(A) The county health officer, in his or her discretion, may immediately close any retail food establishment which, upon completion of the routine inspection, does not achieve a “C” grade as defined in § 6.15.030 of this chapter.

(B) The county health officer, in his or her discretion, may immediately close any retail food establishment which, upon completion of a routine inspection, achieves a total numerical percentage score less than 70% as set forth in § 6.15.030 of this chapter.

(C) Any such notice of closure so posted pursuant to this chapter shall be posted on the entrance door and shall state the reason(s) for closure. Such sign shall remain posted until the retail food establishment is reopened by the county health officer.

(D) Nothing in this provision shall prohibit the county health officer and/or code enforcement personnel from immediately closing any retail food establishment if, in their discretion, immediate closure is necessary to protect the public health.

(Ord. 4338, passed 8-10-98)

It shall be the duty of code enforcement personnel to enforce each and all provisions of this chapter and the Chief of Police shall render such assistance in the enforcement hereof as may be required from time to time by the code enforcement personnel.

(Ord. 4338, passed 8-10-98)

Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision is declared to be an infraction and shall be punishable in the manner and to the extent provided for in § 1.12.011 of this code. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense.

(Ord. 4338, passed 8-10-98)